EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.24.16

IBM and Other Giant Multinationals Upset That Software Patents Are Increasingly Rejected in the US, Now India

Posted in America, Asia, IBM, Patents at 6:23 am by Dr. Roy Schestowitz

Oh, the poor baby, IBM…

A baby angel

Summary: The rather revealing response from patent aggressors and maximalists to the current international trend, which (with the exception of the EPO in Europe) cracks down on software patents

PUTTING aside the EPO for a moment, much needs to be said about software patents in general. According to these new raves [1, 2], companies continue to disguise software patents as hardware, in this particular case “patents for its groundbreaking WOS Object Storage software.”

“IBM should take the hint and stop lobbying for software patents in Europe and Zealand, not to mention India.”Remember that not only in Europe, New Zealand and India has it become hard (if not impossible) to patent “abstract” software, unless it’s described as tied to some physical hardware (like “storage”). In the US too, much more so after Alice, it has become harder to patent software, and especially to assert a software patent in a US court of law. As the FFII’s President correctly pointed out, however, “ISDS tribunals will be able to interpret the “patents for all fields of technology” of TRIPS in order to grant swpats [software patents] and trump Alice.” We may cover this subject some other day.

Don’t underestimate the tricks of patent lawyers. Their biggest clients are large corporations, often foreign. Many of them depend on software patents for a living. Here is Australian patent lawyer Justin Blows dissecting a US case (Ameritox Ltd v Millennium Health) and saying, “Does this explain software patentability in the US?”

To quote Blows: “People trying to understand the patentability of software, particularly in the US, often go to the US Supreme Court decision Alice. To many this decision is difficult to understand.

“Consequently, it is always interesting to have a Judge comment on what they think Alice is about.”

Now, remember how Manny Schecter (IBM) was pushing India towards software patents? Here he is highlighting “More stats on the rise in 101 #patent application rejections after the Alice decision” (IBM must not be happy about it) and here he is sort of lobbying (shaming tactics) for software patents in India, rather than just recognise that things have changed. It’s rather insulting to Indians.

IBM should take the hint and stop lobbying for software patents in Europe and New Zealand, not to mention India. Dear Indians, please take note of what IBM has been doing in your country (see this Wiki page about software patents in India for background), even after India's latest shoot-down of software patents (there were additional press reports about it, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15] on Monday on Tuesday, with Tuesday links in the higher numbered citations).

For the IBM chief, based on his tweet, it’s a case of copy or innovate. Nice false dichotomy he got there. Either you patent software (meaning innovation) or you don’t, meaning you just copy, or rip off. Who is he kidding? Is it now fashionable to use anti-China tactics against Indians?

Going back to the US case, see this article titled “Who Is Alice, And Why Is She Driving Patent Attorneys Mad As Hatters?”

This new article states: “Every so often, the Supreme Court hands down a case that causes a seismic shift in our legal system. Constitutional law professors wax poetic about Marbury v. Madison and McCulloch v. Maryland. News analysts loudly denounce Citizens United: “Corporations aren’t people!” But ask a patent attorney for an example of such a case and you are likely to witness a ten-minute diatribe on the shortcomings of Alice Corp. v. CLS Bank Int’l (2014).”

There are some very interesting statistics there from Juristat (the ones Schecter linked to). As the text explains: “This line represents the percentage of all patent rejections based on section 101. In May 2014, that percentage was only 7%. By August 2014, it nearly doubled to 12%. As of August 2015, section 101 rejections made up 15% of all rejections issued at the USPTO. That’s a massive increase, especially considering that software patents represent only a small portion of applications handled at the USPTO.”

Watch what Alice has been doing to software patents in the US. As it turns out, there is patent arms trade between China and the US right now, as Intel offloads a lot of patents onto Xiaomi. Remember that Intel is a proponent of software patents and has many software patents of its own (we covered this in past years).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The EPO's Race to the Bottom in Recruitment and Early Retirements Explained by an Insider

    The European Patent Office under Battistelli is failing to attract -- and certainly failing to retain -- talented examiners



  2. Wouter Pors and Other UPC Boosters Believe That Repeating the Lies Will Potentially Make Them Truths

    The lobbying campaign for UPC, or hopeful lies (sometimes mere rumours) disguised as "news", continues to rely on false perceptions that the UPC is just a matter of time and may actually materialise this year



  3. The Patent Trial and Appeal Board (PTAB) is Utilised in Fixing the US Patent System and the Patent Microcosm Loses Its Mind

    A roundup of PTAB news, ranging from attacks on the legitimacy of PTAB to progress which is made by PTAB, undoing decades of overpatenting



  4. The Patent Trial and Appeal Board (PTAB) and the Federal Circuit (CAFC) Take on Patents Pertaining to Business Methods

    Patents on tasks that can be performed using pen and paper (so-called 'business methods', just like algorithms) and oughtn't be patent-eligible may be the next casualty of the America Invents Act (AIA)



  5. Google's Stewardship of GNU/Linux (Android, Chromebooks and More) in Doubt After Company Resorts to Patent 'First Strikes'

    Google has just turned a little more evil, by essentially using patents as a weapon against the competition (by no means a defensive move)



  6. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  7. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  8. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  9. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  10. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  11. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  12. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  13. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  14. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  15. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  16. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  17. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  18. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  19. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  20. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  21. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  22. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  23. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  24. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  25. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  26. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  27. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  28. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  29. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  30. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts